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S.I. No. 436/1994 - Solicitors (Practising Certificate 1995/96) Regulations, 1994

Type Statutory Instrument

Publication 1994-12-15

Last updated 1995-01-04

State In force superseded text

Text As published

Source Irish Statute Book

articles 5

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 1995-01-04, S.I. No. 1/1995 - Solicitors (Form of Practising Certificate 1995/96) Regulations, 1995

Reform history JSON API

S.I. No. 436 of 1994.

SOLICITORS (PRACTISING CERTIFICATE 1995/96) REGULATIONS, 1994.

The Law Society of Ireland, in exercise of the powers conferred on it by Section 47 (as substituted by Section 54 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 , hereby makes the following regulations:

1.

(1) These Regulations may be cited as the Solicitors (Practising Certificate 1995/96) Regulations, 1994.

(2) These Regulations shall come into operation on the 19th day of December 1994.

2.

(1) In these Regulations, unless the context otherwise requires:

"applicant solicitor" means the solicitor the subject matter of a declaration delivered to the Registrar.

"Compensation Fund Committee" means the committee to whom functions of the Society pursuant to Part V of the Solicitors Act, 1954 , as amended and extended by Part VI of the Solicitors (Amendment) Act, 1994 , have been delegated by the Council.

"declaration" means the form of application for a practising certificate set out in the Schedule to these Regulations purporting to be completed and signed by an applicant solicitor personally.

(2) Other words and phrases in these Regulations shall have the meanings assigned to them by the Solicitors Acts, 1954 to 1994.

(3) The Interpretation Act, 1937 applies to the interpretation of these Regulations as it applies to the interpretation of an Act of the Oireachtas.

3.

A solicitor applying for a practising certificate for the practice year commencing 6th January 1995 and ending 5th January 1996 shall, in person or by his agent, deliver to the registrar a declaration which—

( a ) shall be in the form set out in the Schedule to these Regulations;

( b ) shall be completed and signed by the applicant solicitor personally.

4.

(1) The registrar, at any time following delivery to him of a declaration pursuant to regulation 3 of these Regulations (whether or not a practising certificate has been issued to the applicant solicitor pursuant to such declaration) may, where he deems it appropriate and reasonable so to do, require the applicant solictor to confirm in writing the accuracy of all or any specified part or parts of such declaration.

(2) Where, on receipt of a confirmation in writing required by him pursuant to subparagraph (1) of this regulation, he deems it appropriate and reasonable so to do, the registrar may require the applicant solicitor to attend before the Compensation Fund Committee to further confirm the accuracy of all or any specified part or parts of the declaration so delivered to the registrar.

5.

An applicant solicitor who in a declaration delivered to the registrar knowingly furnishes information that is false or misleading in a material respect shall be guilty of misconduct.

SCHEDULE

within referred to

THE LAW SOCIETY OF IRELAND

BLACKHALL PLACE, DUBLIN 7.

Declaration for Obtaining a Practising Certificate in the Republic of Ireland 1995/96

(for the year ending 5th January, 1996)


NAME:	My position in the practice is:	My position in the practice is:	My position in the practice is:
FIRM:	(please tick as appropriate)	(please tick as appropriate)	(please tick as appropriate)
ADDRESS:	Sole practitioner/Partner □	Sole practitioner/Partner □	Assistant □
	Consultant □	Locum □	Part-time □
	Other _________	Other _________	Other _________
	Name of managing partner (if applicable):	Name of managing partner (if applicable):	Name of managing partner (if applicable):
	_______	_______	_______

I hereby make the following declaration:

(1) I was admitted as a solicitor in the Republic of Ireland in the _________

________ sittings 19____

(2) I was also admitted as a solicitor in the following external jurisdictions: (Please indicate here the jurisdictions in which you were admitted and if you hold a current practising certificate in another jurisdiction)

(3) My place(s) of business are as follows (if not as above):

(i) Principal:___________

Others: (if applicable)


Name of Firm: ____	Position held ________
____	_______
____	_______

(4) My date of birth is as follows: ___19_____

(5) QUESTIONS TO BE ANSWERED PURSUANT TO PART V OF THE SOLICITORS ACT, 1954 , AS AMENDED AND EXTENDED BY PART VI OF THE SOLICITORS (AMENDMENT) ACT, 1994 .

Please Tick Yes/No box as appropriate


1.	Has a Practising Certificate issued to you during the practice year commencing 6 January 1994?	Yes □	No □
2.	Has your last Practising Certificate been suspended, issued subject to conditions or been endorsed with conditions?	Yes □	No □
3.	Since the issue of your last Practising Certificate, have you failed to comply with the Solicitors Acts, 1954 to 1994 or with any order or regulation made thereunder, including the Solicitors Accounts Regulations No. 2 of 1984?	Yes □	No □
4.	Since the issue of your last Practising Certificate, have you been notified that you have failed to satisfy the Society that you exercise adequate personal supervision over say office or place of business?	Yes □	No □
5.	Since the issue of your last Practising Certificate, have you been notified that you have failed to give the Society an explanation which the Society regards as sufficient and satisfactory in respect of any matter affecting your conduct?	Yes □	No □
6.	Since the issue of your last Practising Certificate, has an order of attachment or committal been made against you?	Yes □	No □
7.	Since the issue of your last Practising Certificate, have you entered into a composition with your creditors or deed of arrangement for the benefit of your creditors?	Yes □	No □
8.	Since the issue of your last Practising Certificate, have you failed to comply with an order of the High Court?	Yes □	No □
9.	Since the issue of your last Practising Certificate, have you failed to comply with a determination, requirement or direction of the Society under Section 8 , 9 or 10 of the Solicitors (Amendment) Act, 1994 ?	Yes □	No □
10.	Since the issue of your last Practising Certificate, have you been sentenced to a term of imprisonment?	Yes □	No □
11.	Since the issue of your last Practising Certificate, have you failed to satisfy the Society that you are fit to carry on the practice of a solicitor, having regard to the state of your physical or mental health?	Yes □	No □
12.	Since the issue of your last Practising Certificate, have you failed to satisfy the Society that, having regard to all the circumstances, including the financial state of your practice, you should be issued with a Practising Certificate or a Practising Certificate not subject to specified conditions?	Yes □	No □
13.	If this application by you for a Practising Certificate following upon the expiration of a period of suspension from practice?	Yes □	No □
14.	If this application by you for a Practising Certificate following an order by the High Court restoring your name to the roll of solicitors?	Yes □	No □
15.	Has any judgement(s) or decree(s) been given against you (other than judgement(s) or decree(s) to which you are entitled, as respects the whole effect of the judgment(s) or decree(s) upon you, to indemnify or relief from any other persons) which remain unsatisfied in whole or in part? If applicable, details of any such judgment(s) or decree(s), including evidence of satisfaction thereof, should be appended.	Yes □	No □
16.	Have you been adjudicated a bankrupt?	Yes □	No □
17.	Do any of the provisions of the Lunacy Regulation (Ireland) Act 1871 or any amending Act relating to management and administration of property apply to you?	Yes □	No □

(6) I failed to take out a Practising Certificate since the practice year for the following reasons

(Please complete if applicable)

(7) This section should be completed by solicitors in private practive on their own account or solicitors who handle clients' monies.

(a) SOLICITORS' ACCOUNTS REGULATIONS No. 2 of 1984.

(i) I have to the best of my knowledge and belief complied with the provisions of the Solicitors' Accounts Regulations No. 2 of 1984.

(ii) My last Accountant's Report lodged with the Society was in respect of the accounting period ended:—

___ 19 _


(iii) Name and address of my accountant

(iv) Date of commencement in practice, if an Accountant's Report has never been filed

(b) PROFESSIONAL INDEMNITY INSURANCE

Are you insured? YES/NO

State Insurer __ State amount of Cover_____

Date of Renewal ___________

(8) (This section should be completed by an assistant solicitor in a professional practice or solicitor employed in industry or commerce.)

I confirm I have not handled clients' monies during the previous 12 months except on behalf of my employers

Signature_______

(9) Amount of remittance enclosed £___ (Rates payable are set out on page 4 of this form) I declare that all the particulars set out in all sections of this form are correct to the best of my knowledge and belief.

Dated this___ day of ______ 1995.

Name (block letters)_____________

Signature_______________

THE LAW SOCIETY OF IRELAND

BLACKHALL PLACE, DUBLIN 7

SOCIETY MEMBERSHIP FORM

This section should be completed by solicitors applying for membership only:

Name (block letters) ________

Occupation_________

Address ___________

I wish to apply for membership of the Society for the practice year commencing 6th January, 1995.

I confirm that I am not practising as a solicitor and that I will be bound by the Bye-laws of the Society.

I enclose my remittance in the sum of £

Signature____________

Date _______________

PRACTISING CERTIFICATE FEES 1995/96


	Solicitors admitted less than 3 years or more on January 6, 1995	Solicitors admitted less than 3 years on January 6, 1995
PRACTISING SOLICITOR	£	£
Registration Fee	535	373
Compensation Fund Contribution	600	600
	1,135	973

Membership subscription (see note 4 below)	50	25
	1,185	998
Solicitors' Benevolent Association	25	15
Total	1,210	1,013

NON-PRACTISING SOLICITOR
Membership subscription—	25	25
under 65 years of age	12	12
over 65 years of age

NOTES

A Practising Certificate must be taken out on or before 5 February, 1995 in order to operate as a qualification to practise from 6 January, 1995. During April, 1995, a listing of solicitors holding Practising Certificates as at 31 March, 1995 will be forwarded to each Bar Association, County Registrar, District Court Clerk and Taxing Master.

A solicitor admitted during the practice year commencing 6 January, 1995, if applying for his/her first practising certificate during that practice year, may calculate the Registration Fee and Compensation Fund Contribution payable by him/her on the basis of the number of full calendar months remaining in that practice year following the date of his/her admission.

Payment of the Membership Subscription and the Contribution to the Solicitors' Benevolent Association is optional. It should be noted, however, that membership of the Society is a prerequisite to obtaining professional indemnity insurance cover through the Solicitors' Mutual Defence Fund.

The following concessionary rates apply to membership subscriptions:—

( a ) A member admitted as a solicitor for 40 years or more as at 6 January, 1995 — £25.00

( b ) A solicitor for the first year (or part thereof) of his/her admission — £1.00.

A lawyer's Professional Identity Card is available to a member of the society who holds a current Practising Certificate on receipt by the Registrar of a completed application form (obtainable on request from the Society's offices) together with a fee of £10.00.

Dated this 15th day of December, 1994.

Signed on behalf of the Law Society of Ireland.

PATRICK A. GLYNN,

President of The Law Society

of Ireland.

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